ACCEPTANCE OF TERMS OF SERVICE 1. As a precondition and requirement to use the services available via ELCO HOST, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and ELCO HOST, Inc. dba ELCO HOST, its subsidiaries and affiliates ("ELCO HOST"). Each Subscriber is subject to these Terms, and by using ELCO HOST's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.

2. Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from ELCO HOST. Further, Subscriber represents and warrants all information provided by Subscriber to ELCO HOST has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to ELCO HOST in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through ELCO HOST must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.

3. ELCO HOST intends to provide the best possible web hosting service to each of its Subscribers. ELCO HOST is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, ELCO HOST reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

4. Subscribers may view the most current version of these Terms at www.ELCO HOST/cgi/terms. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the ELCO HOST website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.

5. Notwithstanding ELCO HOST's right to alter these Terms without prior notice, ELCO HOST may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to ELCO HOST, in its sole discretion, that said alteration may materially and adversely impact said Subscriber's use of the Services.

6. If Subscriber is registering a new domain name with ELCO HOST, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN")

TERM - PAYMENT - RENEWAL OF ACCOUNT & OF DOMAIN 1. Term of Service. The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraphs 2.04 and 3.01.

2. Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by ELCO HOST from time to time.

3. Automatic Renewal of Account and/or Domain. As a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Subscriber's hosting account, ELCO HOST will automatically renew Subscriber's hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber's originally-selected method of payment. Likewise, as a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Subscriber.s domain, if registered with ELCO HOST (or one of its Affiliates), or if transferred to and registered with ELCO HOST (or one of its Affiliates), ELCO HOST will automatically renew Subscriber.s domain, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber's originally-selected method of payment. Subscriber acknowledges and confirms that the obligation to renew her/his/its account or domain is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of ELCO HOST. While consenting to ELCO HOST.s performance of said courtesy, Subscriber hereby releases ELCO HOST from all liability for its failure for any reason to renew said account or said domain. Subscriber acknowledges that there may be many reasons why ELCO HOST is unable to renew said account or domain, including but not limited to inability of ELCO HOST, for any reason, to bill said renewal to Subscriber.s credit card, to contact or otherwise get response from Subscriber at last known email address, or otherwise. Subscriber acknowledges that said account and/or domain, if not renewed, for whatever reason, will expire on the account or domain expiration date, as applicable.

5. Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing ELCO HOST Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.

CANCELLATION OF SERVICES - REFUND POLICY 1. Cancellations and Refunds. ELCO HOST provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:We are the sole arbiter as to if your reason is a valid reason and if all possible stfeps were taken on your side and on ours to correct the situation causing the interest to cancel. If client violated the terms and conditions and suspended in that case refund will not be offered also if He/She asked for cancelation and than agreed to continue using services can't ask second time for refund.If client asked for any work during the 30 days like website transfer etc.. he/she has to pay the admin fee 65$/hour as you are no more willing to use our services so all free support for which you were entitiled will be no more free so he/she has to pay expenses. Refunding can not be done just because the client changed her / his mind about anything ! Elco Host states that refunding can not be done if the account is provided to the customer and the customer cancel it by his /her own wish ! Any special plans or offer does not come under refund policy.

1. Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates and domain names are nonrefundable. 2. Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services prior to the expiration of 3 calendar days after registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A). Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $10 per domain name. 3. Cancellations After 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of 3 calendar days after registration, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A), subject to the following additional mandatory reductions: - Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by $10 per domain name. Subscriber will retain full ownership and control of any such domain names. - Postini; DedIP Any fees paid by Subscriber in connection with Postini or DedIP will be refunded at a prorated rate based on the registration date, the term of service, and the date of cancellation. 4. Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A) and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less $10 per "Free Domain Name." 5. Notice of Cancellation. Subscriber must direct all cancellation requests to ELCO HOST via email sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . 2. Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.PROPRIETARY RIGHTS These Terms do not give Subscriber any rights in ELCO HOST intellectual property or technology. ELCO HOST and related trademarks and logos are the exclusive property of ELCO HOST. ELCO HOST and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar ELCO HOST from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.SECURITY AND OWNERSHIP 1. Site Security. ELCO HOST uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password and registered domain name(s). Subscriber agrees to immediately notify ELCO HOST of any unauthorized uses of the Service or any other breaches of security. ELCO HOST will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services. 2. Access and Control Policy. When a new account or domain, as applicable, is registered with or transferred to ELCO HOST or with one of its affiliates, the process requires and results in the creation of the following within the records of ELCO HOST, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. 1. If a person contacts ELCO HOST and claims that she or he is entitled to access to an account, website, or domain registered with ELCO HOST or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), ELCO HOST will give access to the person who acceptably evidences she or he has substantially all of: i) name of the person who originally registered or last paid for said account; ii) email address of the person who originally registered or last paid for said account; iii) the user name of the person who originally registered or last paid for said account, if possible; iv) the associated payment information of the person who registered or last paid for said account, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or original payment medium or the one which was last used to pay for said account (mandatory). Otherwise, ELCO HOST will not give access and control to a claimant unless ELCO HOST is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring ELCO HOST to give such access and control to said claimant or unless there is submitted to ELCO HOST at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of ELCO HOST or of its affiliates shall not be deemed effective to give notice to ELCO HOST or its affiliates of any changes in said access or control. 2. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against ELCO HOST arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases ELCO HOST from all liability and all claims for damages or any other liability whatsoever that may arise out of ELCO HOST.s following said policy and procedure. 3. License to ELCO HOST. ELCO HOST claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to ELCO HOST, Subscriber grants to ELCO HOST, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on ELCO HOST's servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in Paragraphs 2.01 and 3.0. 4. Transfer of Ownership. ELCO HOST is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with ELCO HOST or its affiliates. By accessing ELCO HOST.s system, registering, or using any of the services provided by ELCO HOST, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with ELCO HOST or any of its affiliates are subject to the terms and conditions of Section 5.5 of these Terms. 1. ELCO HOST will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with ELCO HOST or its affiliates only in the event that at least one of the following occur: i) there is received by the Abuse Manager ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it. ) a written statement (in a form acceptable to ELCO HOST or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) ELCO HOST is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internt Corporation for Assigned Names and Numbers (.ICANN.), requiring ELCO HOST (or affiliate) to transfer such ownership to said claimant. 2. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within ELCO HOST; and, further, that any other changes made directly by Subscriber or by others within the online records of ELCO HOST or of its affiliates shall not be deemed effective to give notice to ELCO HOST or its affiliates of any changes in said ownership. 3. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within ELCO HOST; and, further, that any other changes made directly by Subscriber or by others within the online records of ELCO HOST or of its affiliates shall not be deemed effective to give notice to ELCO HOST or its affiliates of any changes in said ownership.: 5. Disputing Site or Account Ownership Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by ELCO HOST or in an associated ELCO HOST account. ELCO HOST is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by ELCO HOST or in an associated ELCO HOST account, and, in ELCO HOST's sole judgment, there is not certainty as to the ownership of or rights in said site or account, then ELCO HOST will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves ELCO HOST of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what ELCO HOST, in its sole judgment, deems to be a reasonable time, then ELCO HOST, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Utah, file an interpleader action in a court of competent jurisdiction within the State of Utah for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse ELCO HOST for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to ELCO HOST under this section 5.03 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached in said interpleader action. Failure of the rightful owner of said site and/or associated account to cause ELCO HOST to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle ELCO HOST to a judgment against said rightful owner for all costs and all of ELCO HOST's expenses relative to said interpleader action including without limit all of ELCO HOST's court costs and reasonable attorney fees. No rights enumerated in this section 5.03 shall in any way diminish any other rights of ELCO HOST enumerated in any other section of these Terms, or otherwise available to ELCO HOST at law or in equity.PRIVACY POLICY 1. Commitment. The ELCO HOST commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, ELCO HOST will take commercially reasonable steps to ensure your right to privacy. ELCO HOST is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust. 2. Encryption. When Subscriber orders from ELCO HOST, Personal Data Transmissions are encrypted. When Subscriber orders from ELCO HOST, all of Subscriber's personal information is protected. ELCO HOST uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers. 3. Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with ELCO HOST, subject to specific confidentiality agreements, ELCO HOST will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following: - Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar, FastDomain, to Postini (email addresses), and to Comodo (SSL cert. creation). - ELCO HOST will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise ELCO HOST's legal rights or defend against legal claims. - ELCO HOST will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law. - ELCO HOST may transfer information about Subscribers if ELCO HOST is acquired by or merged with another company, in which event ELCO HOST will notify Subscriber."UNLIMITED" USAGE POLICIES AND DEFINITIONS 1. What "Unlimited" means. ELCO HOST does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, ELCO HOST makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges. 2. What "Unlimited" DOES NOT mean. ELCO HOST employs complex mechanisms to protect its Subscribers and systems from abuse. ELCO HOST's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.

ELCO HOST's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. ELCO HOST's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

ELCO HOST will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, ELCO HOST does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until ELCO HOST can evaluate said sites resource needs. 3. Unlimited Hosting Space. ELCO HOST does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does ELCO HOST charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the ELCO HOST service is designed to host websites . ELCO HOST does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. 4. Unlimited File Transfer. ELCO HOST does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does ELCO HOST charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, ELCO HOST reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Subscribers. 5. Unlimited Domain Hosting. ELCO HOST does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.COOKIE POLICY STATEMENT 1. General Purposes. ELCO HOST understands that many of its Subscribers are concerned about "cookies", which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. ELCO HOST provides this Cookie Policy Statement to let you, the Subscriber, know how ELCO HOST uses this technology. ELCO HOST uses cookies to help ELCO HOST improve its website and web hosting services, and, most importantly, to provide ELCO HOST's existing Subscribers with the opportunity for continued savings and increased convenience. 2. Cookies for Improving Our Web Site. ELCO HOST uses cookies to inform ELCO HOST of a repeat visit. The cookie does not tell ELCO HOST who a visitor is, the visitor's name, email address, or Passwords. 3. Cookies for Banner Rewards Program. To offer ELCO HOST Subscribers continued savings, ELCO HOST uses cookies to help monitor the traffic generated from ELCO HOST banners and logo buttons displayed on ELCO HOST Subscribers' websites. For every new ELCO HOST Subscriber that is introduced to ELCO HOST through a Subscriber's website, the Subscriber receives a credited discount. 4. Cookies for Subscriber Account Management. For ELCO HOST Subscribers, ELCO HOST uses cookies to store user names for added convenience to the Webmaster. As part of our ELCO HOST web hosting package, ELCO HOST offers password-protected, web-based management tools. By storing a Subscriber's username in a cookie, the Webmaster will not have to fill out form fields each time he or she manages the account. (The cookie does not store Passwords.) ELCO HOST is dedicated to using the newest technologies in order to simplify our Subscribers' experience.PROHIBITED USES 1. Breach of Terms and Account Termination. The uses of ELCO HOST Services set forth in this section 9 hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of ELCO HOST) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice. 2. Spamming. Spamming, whether or not it overloads the Services or disrupts service to ELCO HOST's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. ELCO HOST requires that all email messages contain an automated opt out . We do not allow purchased lists. ELCO HOST's Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. ELCO HOST reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, ELCO HOST allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account. 3. Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related. 4. Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited. 5. Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor). 6. Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. ELCO HOST is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below). 7. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited. 8. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet. 9. Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking. 10. Anonymous Proxies. ELCO HOST does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server. 11. Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law. 12. Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ELCO HOST is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services. 13. Other Illegal Activities. The use of the Services to engage in any activity that is determined by ELCO HOST, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. ELCO HOST will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services. 14. Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited. 15. Backup Storage. ELCO HOST offers its Services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. 16. Other Activities. Engaging in any activity that, in ELCO HOST's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, ELCO HOST's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of ELCO HOST's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with ELCO HOST in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.COPYRIGHT NOTICE INFRINGEMENT INFORMATION In accordance with the Digital Millennium Copyright Act, ELCO HOST has adopted a policy that provides for termination of websites hosted by ELCO HOST that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by ELCO HOST or a ELCO HOST subsidiary, and the copyright holder wants ELCO HOST to remove the website or disable the material in question, ELCO HOST will remove the website or disable the material if the copyright holder provides us with all of the following information. 1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works. 2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. 3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted. 4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.GENERAL 1. Promotional Pricing. ELCO HOST may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and ELCO HOST will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package. 2. Backups. For its own operational efficiencies and purposes, ELCO HOST from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON ELCO HOST SERVERS, AND under no circumstance will ELCO HOST be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any ELCO HOST server. 3. Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by ELCO HOST may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, ELCO HOST does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if ELCO HOST becomes aware of any violation of these Terms, ELCO HOST may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via ELCO HOST, and/or removing non-complying information. In addition, ELCO HOST may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. ELCO HOST reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. ELCO HOST may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect ELCO HOST or others from harm, and/or to ensure the proper operation of the Services. ELCO HOST has no obligation to notify any person, including the Subscriber about whom information is sought, that ELCO HOST has provided the information. 4. Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on ELCO HOST in order to avoid termination of Subscriber's ELCO HOST account(s). 5. Duty to Notify ELCO HOST of Breach. If Subscriber discovers anyone on the ELCO HOST system violating any of these Terms or notices anything suspicious from the ELCO HOST network, Subscriber agrees to report the violation or suspicious activity to abuse@ELCO HOST for investigation. ELCO HOST reserves the right to and will immediately terminate any account which ELCO HOST concludes to be in violation of any of these Terms. 6. Reservation of Rights. ELCO HOST reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's hosting term with ELCO HOST. 7. Severability. These Terms are binding upon ELCO HOST, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service. 8. Governing Law. These Terms shall be governed by the laws of the State of Utah without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of ELCO HOST, Subscriber agrees that all disputes, if any, involving ELCO HOST shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Utah; provided, further, that all action brought against ELCO HOST in State Court must be brought in Utah County, Utah and, if in Federal Court, in Salt Lake County, Utah. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving ELCO HOST. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Utah.s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against ELCO HOST outside the State of Utah; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Utah, shall be deemed to support and to stipulate to a motion made by ELCO HOST to dismiss said lawsuit with respect to ELCO HOST.WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION 1. Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. ELCO HOST HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY ELCO HOST OR ELCO HOST'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. ELCO HOST DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. ELCO HOST DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. ELCO HOST DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR ELCO HOST IN PARTICULAR. 2. Limitations on ELCO HOST's Liability. ELCO HOST SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL ELCO HOST BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT ELCO HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ELCO HOST SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. ELCO HOST'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL ELCO HOST'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO ELCO HOST FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, ELCO HOST'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 3. Indemnification of ELCO HOST. You, the Subscriber, agree to defend, indemnify and hold ELCO HOST, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from ELCO HOST's own gross negligence or willful misconduct. ELCO HOST reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS) 1. Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. Sanctioned Countries presently include, among others, Balkans, Belarus, Burma, Cote d'Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, former Liberian Regime of Charles Taylor, North Korea, Sudan, Syria, and Zimbabwe. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time. 1. Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of ELCO HOST. 2. Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of ELCO HOST, regardless of where said individual is located. 3. Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time. 4. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of ELCO HOST. 5. Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time. 6. Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of ELCO HOST. IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO ELCO HOST SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ELCO HOST ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.